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UNCOVERED: 2 | History Defined

I appreciate the replies from Orin, Will, and Sam. We have very different conceptions on what role a scholar should play and what role a judge should play. My writings in this area are both retrospective and prospective. I look backwards to see what qualifications a judge had at the…

Reason

The Goal Of The "Architects of the Supreme Court" Was Always Overruling Chevron, and not Overruling Roe

McConnell: "Dismantling the administrative state and empowering people who are actually elected to make decisions has been the motivating force" for nearly every "Federalist Society-type lawyer."

Reason

Justice Thomas Argues the Court Should at Some Point Consider Whether "Assault Weapons" Bans Violate Second Amendment

Justice Alito takes a similar view, but, at least in this case, this view didn't get the four votes necessary to grant review.

Reason

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Short Circuit: A Roundup of Recent Federal Court Decisions

Frothy fonts, unprofessional death threats, and books about butts and farts.

Reason

From Judge Frank Easterbrook's opinion Friday in Doe v. Loyola Univ. Chicago, joined by Judges Ilana Rovner and Amy St. Eve, following up on an opinion from a week before in Doe v. Indiana Univ.: Loyola University Chicago expelled John Doe after concluding that he had engaged in sexual activity…

Reason

Second Amendment Roundup: Delaware's "Assault Weapon" Ban Argued in 3rd Circuit

Likelihood of prevailing on a constitutional claim may suffice for a preliminary injunction.

Reason

Court Spots Vexatious Litigant Trying to Hide Under Pseudonym

From yesterday's order by Chief Judge Nancy Rosenstengel (S.D. Ill.) in Robe Probe v. McGehee: Two amorphous plaintiffs, Robe Probe John Doe, initiated this action on October 2, 2023, against various personnel of the Fourteenth Judicial Circuit Court of Illinois along with Judge John McGehee. {In the Complaint, Robe Probe…

Reason

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Short Circuit: A Roundup of Recent Federal Court Decisions

Voting districts, work uniforms, and hunter harassment.

Reason

A Rare Order Calling for Defendant-Side Pseudonymity,

and a much more common rejection of plaintiff-side pseudonymity.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Wedding officiants, teaser profiles, and administrative animals.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Huge tracts of land, Dad does The RICO, and poor prosecutorial behavior

Reason

Conservatives Should Not Be Surprised By Justice Barrett's Cautious Approach

Barrett was added to the SCOTUS short-list only seventeen days after she was confirmed to the Seventh Circuit.

Reason

Court Unseals and Depseudonymizes Student's Settled First Amendment Lawsuit Against University

An illustration that courts are often willing to reconsider stipulated sealing and pseudonymization decisions when members of the public or media object.

Reason

No Right to Lie About Current Indictments on Gun Purchase Form

From U.S. v. Holden, decided Friday by the Seventh Circuit (Judge Frank Easterbrook, joined by Judges Diane Wood and Doris Pryor); seems quite correct to me: "Our legal system provides methods for challenging the Government's right to ask questions—lying is not one of them. A citizen may decline to answer…

Reason

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Armslist Not Liable for Hosting Gun Sale Ads That Led to Purchases by People Who Used the Guns Criminally

The Seventh Circuit so holds, applying Wisconsin tort law, and not reaching the 47 U.S.C. § 230 issue.

Reason

No Pseudonymity for Plaintiff in Medical Data Breach Case

"[A]n individual's name is not sensitive data in and of itself, and Plaintiff does not explain how publication of Plaintiff's name would place Plaintiff's data at further risk."

Reason

Establishment Clause Related to School's Transcendental Meditation Program Sent to Transcendental Mediation

OK, not really, but the judge partly denied the motion for summary judgment, which would allow it to go to trial.

Reason

"Retroactive Anonymity Is an Oxymoron" + "It Is Never Appropriate to Seal Entire Appeals"

Words from the Seventh Circuit, in Singh v. Amar, 2023 WL 3267851, handed down Wednesday. One can debate the merits of these conclusions, or argue that they are somewhat overstated (e.g., perhaps there might be some basis for sealed appeals in some extraordinary national security cases); and the Seventh Circuit…

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Short Circuit: A Roundup of Recent Federal Court Decisions

Disparaging scientists, disappearing warrants, and disgruntled lawyers.

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